SGH Property Holdings Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: SGH Property Holdings Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1030 Hearing dates: Conciliation conference on 15 and 30 October 2024, 19 November 2024, 11 and16 December 2024. Date of orders: 23 January 2025 Decision date: 23 January 2025 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The Respondent must grant the Applicant an easement to permit encroaching structure to remain, appurtenant to the land of Lot 1 in Deposited Plan 917680, and burdening Canterbury Road and Kingsgrove Road Belmore as shown as (A) in the 'Plan of Easement Encroaching on to Public Road' by Mony C Seng dated 18 November 2024 ref ECP2775.L.01 and the accompanying Instrument pursuant to s 88B of the Conveyancing Act 1919 in Annexure A. Catchwords: GRANT OF EASEMENTS resulting from minor encroachment of a business identification sign – conciliation conference – agreement between the parties - orders Legislation Cited: Conveyancing Act 1919, s 88B Encroachment of Buildings Act 1922, ss 3, 19 Environmental Planning and Assessment Act 1979, ss 6.23, 8.7 Land and Environment Court Act 1979, ss 19, 34 Category: Principal judgment Parties: SGH Property Holdings Pty Ltd ACN 635 582 160) (Applicant) Canterbury-Bankstown Council ABN 45 985 891 846 (Respondent) Representation: Counsel: D Plowman (Solicitor)(Applicant) M Bonnano (Solicitor)(Respondent)